§ 27. Mr. Boyd-Carpenterasked the Secretary of State for the Home Department whether he is aware of the fact that in the recent case of R. v. Sokol at Leeds Assizes the effect of recent legislation was to prevent any public knowledge of the facts relating to a case of murder being available to the Press and public either at the committal or trial stage; and whether, in view of the need that public justice be seen publicly to be done, he will introduce amending legislation.
§ The Secretary of State for the Home Department (Mr. James Callaghan)A circular was sent to chief constables on the provisions of the recent Criminal Justice Act, recommended that in circumstances such as those of the case to which the right hon. Gentleman refers the prosecution should outline the facts in open court before sentence was passed. In view of the recent Practice Direction to this effect by the Lord Chief Justice, which I have brought to the attention of all courts of assize and quarter sessions, I see no need for legislation.
§ Mr. Boyd-CarpenterAs very serious constitutional issues were brought to light in this case, and as what was done under a very learned and experienced judge is apparently perfectly lawful, would it not be better in due course at any rate to put the matter completely beyond doubt and to secure by legislation that public justice is done in public?
§ Mr. CallaghanI do not differ from the right hon. Gentleman in believing that this is a serious matter, but I certainly would not want to give any promise of reconsidering the Act passed only last year after detailed consideration of the consequences of passing it—it was passed in the full knowledge of what would arise—because for very good reasons it would not be proper to outline in answer to a Question now. It was fully considered at the time.